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  • IRS QUESTION>>>

    I am sorry but this is an IRS question..i am a resident alien just got married but my husband is still living abroad.. How should i file taxes to IRS? should i file as married filing separetaly? (but he doesn't have social security number) or would i still be filing single...i'm confused.

  • #2
    I am sorry but this is an IRS question..i am a resident alien just got married but my husband is still living abroad.. How should i file taxes to IRS? should i file as married filing separetaly? (but he doesn't have social security number) or would i still be filing single...i'm confused.

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by star15:
      I am sorry but this is an IRS question..i am a resident alien just got married but my husband is still living abroad.. How should i file taxes to IRS? should i file as married filing separetaly? (but he doesn't have social security number) or would i still be filing single...i'm confused. </div></BLOCKQUOTE>
      Star,
      You have 3 questions:
      1. How should I file?
      2. How should my husband obtain a Tax identification number?
      3. And what are the tax implications?

      I will answer each one.

      If your marital status was married by 12/31/2006, you can either file married filing separately or married filing jointly. It is a choice. If you choose to file jointly, your husband will be treated as a resident alien for tax purposes.

      Since your husband is not eligible for a Social Security Number, your husband will be eligible for the individual tax identification number, or ITIN by filing form W-7 with the tax return. This needs to be done whether you file married filing separately or jointly.

      If you file jointly, your husband will need to report his worldwide income, but he will also file form 2555 to claim the foreign earned income exclusion. This will eliminate any potential double taxation. Furthermore, your husband may be eligible to claim the foreign tax credit.

      Please refer to publication 519, chapter 1, publication 54 chapter 4, and publication 514, or if you prefer, consult a tax professional for more details.

      NOTE: I am an enrolled agent.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        Thank you..what would u recommend file as married filing separately or joint? He doesn't work, so there is no income to report.... which would give me more refund? which is less complicated..thank u..

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by star15:
          Thank you..what would u recommend file as married filing separately or joint? He doesn't work, so there is no income to report.... which would give me more refund? which is less complicated..thank u.. </div></BLOCKQUOTE>
          Generally, married filing jointly could allow a larger refund, but it depends on your particular set of circumstances such as dependents that can be claimed, deductions that can be claimed, credits that can be claimed, etc. This goes into how complicated the return may be. So, unless I know what type of income you earn and whether you can claim any dependents such as children, parents, relatives, etc, I do not know how complicated your return may be.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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